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在我国,被告人被判无罪的情况非常少,但是类似案件判轻判重的现象却十分普遍。应从积极角度来实现量刑平衡,并将量刑平衡分为整体平衡与个别平衡两个内容,从规范的角度解决基础刑的选择、量刑情节的适用、个别公正的实现。应该使法官的自由裁量权与法律规定的刑期幅度很好地结合起来,并以此来强化量刑的平衡性与合理性。
In our country, there are very few cases in which the accused is found guilty, but similar cases are fairly commonplace. The sentencing balance should be realized from the positive point of view, and the balance of sentencing and punishment should be divided into two parts: overall balance and individual balance. From the perspective of normative resolution, the choice of basic sentence, the application of sentencing circumstances and the individual fair realization should be solved. The discretion of judges should be well combined with the range of the penalties stipulated by law, so as to strengthen the balance and rationality of sentencing.